Immigration detention in Australia. Is indefinite detention inconsistent with obligations to the International Covenant on Civil and Political Rights? (PDF)

Essay from the year 2016 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, Macquarie University, course: Law, language: English, abstract: Immigration detention in Australia is a contentious and complex issue that cannot simply be analysed on the basis of moralities or politics. To determine whether Australia's immigration policy as manifested in the Migration Act 1958 would constitute a breach of article 7 of the International Covenant on Civil and Political Rights (ICCPR) both the indefinite duration of detention, and, the conditions encountered at Villawood Immigration Detention Centre (VIDC) must be reasoned.

Article 7 of the ICCPR, a non-derogable right in accordance with article 4(2) provides that 'no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment...'. VIDC is an onshore processing centre based 27km from Sydney's CBD and has come under scrutiny for its treatment of asylum seekers, especially for mental-health related issues and the long-term detention of approximately fifty children. The discussion that follows addresses both the issues of physical conditions in VIDC and justifications for indefinite detention.